In Practice

Expert Opinion

Make Nice to the Court: Tips on How to Be Considerate

Myron Moskovitz | September 13, 2018

Recently, I was brought in by an appellant’s attorney to review his draft opening brief. I noticed that the precise language of a settlement agreement would play a very important role in how the appellate court decided the case.

Analysis

Avoid Issues When Practicing Law in Other States

Shari Klevens and Alanna Clair | September 05, 2018

Because it has become relatively easy to practice law from anywhere, attorneys can at times forget that states have not become any more lenient when it comes to the unauthorized practice of law.

Expert Opinion

The GDPR Was Just the Beginning

Jacqueline Klosek | August 21, 2018

Companies that process personal data of California residents will soon be subject to comprehensive new privacy requirements.

Expert Opinion

Make Good Billing Practices a Habit

Shari L. Klevens and Alanna Clair | July 18, 2018

While attorneys will of course typically communicate via other methods, sending regular bills is an easy way to make sure that the client is aware of the developments in a matter and, more specifically, the amount of work being performed by the attorney.

Expert Opinion

Everything You Need to Know About Legal Malpractice Claims

Shari L. Klevens and Alanna Clair | July 03, 2018

By understanding the most common sources of legal malpractice claims, attorneys can take proactive steps to address issues before claims arise.

Expert Opinion

I Have 2 Job Offers. Which One Should I Take?

Julie Q. Brush | July 02, 2018

Determining which position constitutes the best career move will depend on your priorities and your goals—and you need to figure out what those are.

Disclosing and Withholding Attorney Work Product

Shari L. Klevens and Alanna Clairis | June 19, 2018

In evaluating requests for the production of work product materials—whether by clients or third parties—it is helpful to understand the basic parameters of the work product doctrine.

Expert Opinion

The Case for Revising California's Harassment-Prevention Training Law

Judith Droz Keyes | June 15, 2018

Employers should be free to cover what is most needed and appropriate at their workplace and should be held accountable for how effective the training is in preventing harassment—not for checking the boxes.

Expert Opinion

Connecting With a Recruiter to Keep Your Options Open

Julie Brush | June 08, 2018

I have a great job, in a good location with good people. But I don’t want to discourage recruiters from thinking of me for special opportunities. What is the best way to do this?

Be Aware of the Risks of Serving on Outside Boards

Shari L. Klevens and Alanna Clair | June 06, 2018

Before agreeing to serve on an outside board, it is helpful to first consider how some of the risks can be mitigated.

Time for a Mid-Year Refresh

Angela Turturro | May 16, 2018

By the middle of the year, the hopeful resolutions of the new year have sometimes been abandoned. Attorneys may find themselves falling into old bad…

Expert Opinion

Use Pro Bono as a Playground for Innovation With These 4 Tech Tools

Dorna Moini | May 04, 2018

Below is a round-up of technology tools that are ripe for application and have been used in legal aid. Your pro bono practice can be a testing ground for these technologies, which are equally applicable to private practice.

Expert Opinion

Don’t Play Fast and Loose With the Facts in Court

Shari Klevens and Alanna Clair | April 17, 2018

Attorneys can sometimes (intentionally or not) make statements that are not entirely accurate. A recent decision reminds us that the consequences of a misstatement to a judge are potentially severe.

Analysis

Ninth Circuit Finds Credit Card Surcharge Ban Violates First Amendment

Justin E. McGuirk | March 22, 2018

Consumers, regulators and credit card companies will be increasingly mindful of whether and how retailers apply surcharges. Retailers should likewise be mindful.

Standing Up to Attorney Substance Abuse

Shari Klevens and Alanna Clair | March 21, 2018

While many lawyers are perfectionists in their practice, success in the practice of law can come at the expense of attorneys’ own well-being.

Expert Opinion

Should You Always Counter a Job Offer?

Julie Brush | March 08, 2018

The offer stage is often likened to a chess match: Watching. Waiting. Thinking. And strategically assessing your “opponent’s” moves … as well as your own. It can be a maddening period for both candidate and employer.

Maintain Civility in Depositions

Shari Klevens and Alanna Clair | March 07, 2018

Litigation is often contentious by its very nature. But perhaps no aspect of litigation is more contentious than a deposition. While the parties and their counsel typically understand that a certain level of decorum must be maintained in the courtroom, some attorneys believe that anything goes when it comes to depositions.

Conflicts 101: Identifying and Handling Conflicts

Alanna G. Clair and Shari Klevens | February 21, 2018

By combining a knowledge of the legal requirements with practical considerations, attorneys can help ensure that they don’t get into hot water over conflicts issues.

Expert Opinion

Make Your Own Luck. Here’s How to Do It

Julie Brush | February 08, 2018

Luck is earned. Through years of relationship building, skill development, career strategy, success, failure, crisis, perseverance, optimism and courage.

Tips for Handling a Call from the FBI

Shari L. Klevens and Alanna Clair | February 06, 2018

Here are some tips for attorneys to navigate the complex ethical issues when the government comes calling.

Analysis

Foreign Discovery Hurdles in California Courts

Frank Busch | February 06, 2018

Foreign discovery in state court litigation is never easy. Depositions of non-party witnesses in other states can require a commission in another state. Depositions of non-party witnesses in other countries can require adherence to international discovery law.

Expert Opinion

Always Asking 'Why?': The Childish Trait That Marks a True Leader

Julie Brush | February 01, 2018

As young children, we begin our quest for the answers to “Why?” It’s an innocent curiosity that is present in every encounter, every conversation and every thought. And it’s part of the wonder of being a child. Discovering the world and what makes it tick.

Expert Opinion

Dishing on the Trump Administration's Rollback of Obama-Era Tip-Pooling Regulations

Alden Parker and Katherine Sandberg | January 29, 2018

The Trump administration’s Labor Department announced its intention in December to make tip pooling a legal practice. In essence, the administration stated that it will revoke the Obama administration’s rule and allow restaurants to pool tips as they see fit. The change will directly impact employers in California who pay tipped employees the full federal minimum wage.

Commentary

Unfinished Business: The Continuing Impact of 'Jewel v Boxer'

Shari L. Klevens and Alanna Clair | January 02, 2018

Like any other business, law firms sometimes fail. While the failures of large law firms are well-publicized, smaller law firms can be just as or even more susceptible to failure, as the unexpected departure of the firm’s most profitable partner can be devastating to a small firm.

Analysis

California’s Adult Use of Cannabis: Cutting Through the Haze

Amy B. Alderfer | December 20, 2017

Addressing some of the confusion surrounding California's Adult Use of Marijuana Act.

Tips for Ensuring Compliance With Ethical Obligations

Shari L. Klevens and Alanna Clair | December 19, 2017

Most attorneys are aware of the ethical obligations owed to clients and take them seriously. However, instead of simply assuming that their attorneys are in compliance with their ethical obligations, law firms can take steps to assist attorneys when ethical issues arise and, where possible, minimize the potential harm to the client, attorney and firm.

Commentary

Tips for Limiting Risk When Using Contract Attorneys

Shari L. Klevens and Alanna Clair | December 05, 2017

In recent years, the use of contract attorneys has been on the rise as busy law practices reluctant to commit to hiring full-time attorneys instead choose to seek additional support on an as-needed basis. However, with the increased use of contract attorneys comes some (manageable) risks, including some that may be less than obvious.

Expert Opinion

Massive Data Breaches Boost Demand for Cyber Insurance

Brian S. Kabateck and Joana Fang | November 27, 2017

Cyber security risks have become more significant as we store more consumer financial and health information in electronic form. Hardly a week goes…

Expert Opinion

Risks for Debt Collection Lawyers

Alanna Clair and Shari Klevens | November 22, 2017

Attorneys often think that an aggressive approach to litigation is part of the duty to act as a zealous advocate for clients. But attorneys who represent debt collectors may face additional risks, because California courts have held that litigation tactics may constitute violations of statutes prohibiting unfair debt collection practices.

Analysis

Safeguarding Client Funds From Hackers

Alanna Clair and Shari Klevens | October 18, 2017

What happens when a cybersecurity event implicates a firm’s trust account? Are lawyers liable when a computer hacker steals client funds that the lawyers were safeguarding?

The Cumis Counsel-Insurer Relationship

Randy Evans and Shari Klevens | October 10, 2017

The existence of the attorney-client relationship is often a necessary predicate to any potential claim of error or malpractice.